Frequently asked questions relating to Drybrook leasehold conveyancing
I am on look out for some leasehold conveyancing in Drybrook. Before diving in I require certainty as to the number of years remaining on the lease.
Assuming the lease is recorded at the land registry - and 99.9% are in Drybrook - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.
I’m about to sell my basement apartment in Drybrook.Conveyancing is yet to be initiated but I have just received a yearly maintenance charge invoice – Do I pay up?
The sensible thing to do is clear the invoice as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer until the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.
I today plan to offer on a house that seems to be perfect, at a reasonable price which is making it all the more appealing. I have since been informed that the title is leasehold as opposed to freehold. I would have thought that there are issues purchasing a house with a leasehold title in Drybrook. Conveyancing solicitors have not yet been instructed. Will my lawyers set out the implications of buying a leasehold house in Drybrook ?
The majority of houses in Drybrook are freehold and not leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can assist with the conveyancing process. it is apparent that you are purchasing in Drybrook in which case you should be looking for a Drybrook conveyancing solicitor and check that they are used to dealing with leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a leaseholder you will not be at liberty to do whatever you want with the house. The lease will likely included provisions such as obtaining the freeholder’spermission to conduct alterations. It may be necessary to pay a maintenance charge towards the upkeep of the communal areas where the property is part of an estate. Your conveyancer will advise you fully on all the issues.
Back In 2000, I bought a leasehold flat in Drybrook. Conveyancing and The Royal Bank of Scotland mortgage went though with no issue. I have received a letter from someone claiming to own the freehold. Attached was a ground rent demand for rent dating back to 1994. The conveyancing practitioner in Drybrook who previously acted has long since retired.What should I do?
The first thing you should do is contact HMLR to be sure that this person is in fact the new freeholder. You do not need to instruct a Drybrook conveyancing lawyer to do this as it can be done on-line for a few pound. Rest assured that regardless, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
Can you provide any top tips for leasehold conveyancing in Drybrook with the aim of saving time on the sale process?
- A significant proportion of the delay in leasehold conveyancing in Drybrook can be reduced where you appoint lawyers the minute your agents start marketing the property and request that they start to put together the leasehold documentation which will be required by the purchasers’ conveyancers.
- In the event that you altered the property did you need the Landlord’s approval? Have you, for example laid down wooden flooring? Most leases in Drybrook state that internal structural alterations or addition of wooden flooring require a licence issued by the Landlord consenting to such works. If you fail to have the approvals in place you should not contact the landlord without contacting your conveyancer before hand.
Leasehold Conveyancing in Drybrook - Sample of Questions you should ask before buying
-
Are there any major works in the near future that will likely increase the maintenance costs?
It would be prudent to find out as much as you can regarding the company managing the building as they will impact your use and enjoyment of the property. As the owner of a leasehold property you will be at the mercy of the managing agents both financially and when it comes to daily matters like the cleanliness of the common parts. Ask prospective neighbours what they think of their service. In conclusion, investigate as to the dates that you are obliged pay the service charge to the managing agents and specifically what it includes.
Best to be warned if changing the roof or some other significant cost is anticipated that will be shared by the tenants and will dramatically impact the level of the service charges or require a specific invoice.
Other Topics